Section 617. Powers and duties


Latest version.
  • a. The commissioner shall have the powers
      and perform the duties of a commissioner of social  services  under  the
      social   services   law  for  the  purpose  of  fulfilling  his  or  her
      responsibilities under this chapter. The  commissioner  shall  have  the
      power  to  perform  functions  related  to  the  care  and protection of
      children including, but not limited to:
        1. performing the functions of a child protective  service,  including
      without  limitation,  the  receipt and investigation of reports of child
      abuse and maltreatment;
        2. providing children and families with preventative services for  the
      purpose of averting the impairment or disruption of families which could
      result  in  the  placement of children in foster care; enabling children
      placed in foster care to return to  their  families;  and  reducing  the
      likelihood  that  a  child  who has been discharged from foster care may
      return to such care;
        3. providing suitable and appropriate care for children who are in the
      care, custody, or guardianship of the commissioner;
        4. providing appropriate daycare,  Head  Start  and  other  child-care
      services; and
        5.  providing  services  to  ensure  that  legally responsible parents
      provide child support.
        b. Wherever the  powers  and  duties  of  an  agency  other  than  the
      administration  for  children's  services as set forth in the charter or
      administrative code  confer  any  authority  over  the  areas  of  child
      welfare,  child  development  or  child  support  enforcement within the
      jurisdiction of the commissioner  of  children's  services  pursuant  to
      section  six  hundred  seventeen of this chapter, such powers and duties
      shall be deemed to be within the jurisdiction of the administration  for
      children's  services  and  shall  be  exercised  by such administration;
      provided that such other agency may  exercise  such  powers  and  duties
      where  required  by  state  or  federal  law,  or, with respect to child
      support enforcement or  determinations  of  eligibility  for  subsidized
      child  care,  by  the  department  of social services as directed by the
      mayor.
        c. No agency practice, including  but  not  limited  to  any  tracking
      system,  record keeping or reporting system or data collection system or
      device, may prejudice the rights of,  stigmatize  or  otherwise  harm  a
      person  because  of  his  or  her  gender  or relationship to a child or
      children involved in a child  protective  matter.  To  the  extent  that
      requirements  of  this  subdivision  are  subject to state approval, the
      agency will request permission to make any changes in  policy  necessary
      to  comply with the provisions of this subdivision within ninety days of
      the effective date of the local law that  added  this  subdivision.  The
      agency  shall promulgate such rules as are necessary for the purposes of
      implementing and carrying out the provisions of this subdivision.